LAHORE (Muhammad Ashfaq) – In a significant ruling, the Lahore High Court has declared that all amounts and valuables recorded in a Nikahnama are legally binding and must be paid in full, even after divorce.
The court further ruled that if jewellery listed in the marriage contract is not provided, the former wife is entitled to receive its equivalent market value in cash.
The judgement was issued by Justice Sajid Mahmood Sethi while hearing a petition filed by Aamir Ali. The court clarified that every item mentioned in the Nikahnama, whether cash or jewellery, collectively constitutes the dower and must be honoured individually as recorded.
According to court documents, the petitioner was married in 2011, with the dower fixed at Rs5,000 in cash, five tolas of silver and ten tolas of gold, all explicitly mentioned in the Nikahnama. Following the divorce, the woman maintained that the jewellery had not been handed over by her former husband.
The husband, however, contested the claim, arguing that only the cash amount had been agreed upon and that the additional entries related to gold and silver had been fraudulently inserted into the marriage contract.
After reviewing the record, the court observed that witnesses had verified the authenticity of the Nikahnama. The petitioner himself admitted to his signatures on the document but failed to substantiate his claim that the additional entries were forged.
The court also noted that the former wife had presented a certified copy of the Nikahnama before the trial court, reinforcing her claim. The evidence on record supported the position that the dower included all listed items, not just the cash amount.
In its ruling, the court stated that the decision of the family court was consistent with the available evidence and legal framework. It reiterated that the High Court would only intervene in such matters if a judgement was found to be contrary to the law.
Finding no such discrepancy, the court upheld the family court’s verdict and directed the petitioner to fulfil the entire dower obligation as recorded in the Nikahnama, including the payment of jewellery or its equivalent market value.